Legal Question in Wills and Trusts in Florida

Re: Executor of Will

If your mother should lose capacity to handle her finances you will not be able to write checks on her account unless you have power of attorney to do so or she has put your name on her account. After she is deceased you will not have access to the bank account funds until you are appointed personal representative, unless the account lists you as a joint account holder or beneficiary of the account. You might want to consider discussing these issues with an attorney. Does your mother have a living will and has she designated a pre need guardian should she lose capacity?

Re: Executor of Will

Kelly Henderson's reply is right on. A power of attorney is very important, but since it dies with your mother, any asset which does not have a co-owner or a beneficiary designated on the title will have to go through probate. It would require the assistance of a probate attorney. Depending on what assets have to go through probate and whether there are outstanding creditors or not, the process may take only a matter of days, or it could last 4-6 months.